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| McCollum v. Keating, 2061182,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2008, Released
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Overview: Appeal was dismissed as principal of wrecker service never took steps under Ala. R. Civ. P. 24 to make himself party, and denied that he was party three times. Principal lacked standing to appeal. Fact that protective order as amended under Ala. R. Civ. P. 26(c) expressly extended to principal did not support claim that he was added as party.
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| Scott v. Lenoir, 2040891,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2008, Released
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Overview: Because a tenant's notice of appeal of the dismissal of his wrongful eviction and defamation against the landlords was filed more than 42 days after the denial of his postjudgment motion by operation of law, pursuant to Ala. R. App. P. 4(a)(1), (3), his appeal was dismissed as untimely.
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| Swann v. Regions Bank, 2070202,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2008, Released
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Overview: Lender and loan officer had no duty to disclose that builder was not licensed under Ala. Code § 34-14A-1 et seq.; no fiduciary duty or confidential relationship existed between husband and wife and lender and loan officer. Third amended complaint's new claims related back under Ala. R. Civ. P. 15(c)(2); theories of recovery were made more specific.
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| T.B. v. Cullman County Dep't of Human Res., 2070626, 2070629,
COURT OF CIVIL APPEALS OF ALABAMA, September 12, 2008, Released
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Overview: Judgment terminating mother's parental rights was affirmed as efforts to rehabilitate mother and to reunite her with children under Ala. Code §§ 12-15-65(g)(3) and (m) and 26-18-7(a)(6) had failed, as she was totally financially dependent on paternal grandfather, and did not have ability to independently and properly care for children.
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